8/09/2018 出生公民权是华人斗争的结果 By sgrastar 美国诉黄金德案(英语:United States v. Wong Kim Ark)169 U.S. 649 (1898),是一起美国联邦最高法院判决所有在美国出生的人都是美国公民的里程碑式案例。判决在解读美利坚合众国宪法第十四条修正案的公民权条款上建立了重要的判决先例。 黄金德于1871年出生于旧金山,他的父母都是华人。一次出国旅行归来时,移民局根据1882年5月6日通过的《排华法案》拒绝他入境。黄金德为此将政府告上法庭,挑战政府拒绝承认其公民身份的做法。联邦最高法院在判决中支持了他的意见,认定根据第十四条修正案,每一位在美国出生的人都是美国公民,即使他父母是外国人亦不例外,并且这样的特权即使有联邦国会通过的法律也不能剥夺。 Published on May 8, 2018 In 1898, the Supreme Court ruled that Wong Kim Ark had acquired U.S. citizenship at birth. 此案件特别突出了对公民公款中一个短语准确含义理解的分歧,即一个在美国出生的人是否符合“并受其管辖”的要求从而获得公民权。最高法院的多数意见总结认为这一短语的意思是受到美国法律的管辖。在这一基础上,第十四条修正案将被解读为赋予几乎任何在美国领土出生的人美国公民身份(即属地主义原则)。而法院对此持不同意见的两位法官则认为 “并受其管辖”应该是从政治上效忠于美国,即根据血统主义(即属人主义)原则,新生儿的国籍将根据其父母的国籍来认定。 研究人员在2007年的一篇对黄金德案后相关判决的法律分析文章中认为,以属地主义原则赋予公民权的概念“从来没有最高法院严肃地质疑过,并且也由下级法院作为教条所接受”。2010年的一篇针对公民权条款历史的评论文章指出,黄金德案判决使公民权条款“适用于在美国领土上出生的外国人士后代”,并指出最高法院“自‘非法移民’一词出现以来还从未重新审视过这一判决”。 不过自1990年代起,长期存在的非法移民后代也能自动获得公民权这一做法随着流入美国移民数量的大量增加而引起了不少争议。法律学者表示不认同将黄金德案的判决先例应用到非法移民后代身上。国会曾先后几次试图对属地主义原则作出限制,或是通过法案来重新定义“管辖”一词,又或试图通过一条宪法修正案来推翻判决,但这些努力都没有成功。 By Leslie Berestein Rojas At the heart of the coming battle over the constitutional right to U.S. citizenship for everyone born in this country is how the 14th Amendment, adopted in 1868, is interpreted. And at the heart of that interpretation is a 112-year-old Supreme Court decision, based on a lawsuit filed by a young man from San Francisco named Wong Kim Ark. Wong is relatively little known to history. But his case, decided in 1898, affirmed the right to citizenship for the children of Chinese immigrants, at time barred from naturalizing - and set a precedent for all children of immigrants, regardless of their parents' status. Wong was in his early twenties, a cook by trade, when he crossed paths with immigration officials. He was born in 1873 and raised in San Francisco by his Chinese immigrant parents who, eight years after the passage of the discriminatory Chinese Exclusion Act of 1882, engaged in what today might be called attrition through enforcement: After 20 years in the United States, they packed their bags, boarded a westbound steamship and moved back to China. Their son, though, knew no other home but California. Upon his parents' departure in 1890, he briefly accompanied them back to their native country, then returned to San Francisco without incident. Four years later, when he was around 21, he decided to visit them again. He left in 1894, returning in August of the following year on a steamship called the Coptic. It was upon his ship's return to San Francisco that he ran into trouble. Wong was prevented from landing by customs, according to court documents, "upon the sole ground that he was not a citizen of the United States." He was "restrained of his liberty," detained by customs and the steamship company. But he fought: Within less than two months of his detention, a writ of habeas corpus was filed on Wong's behalf, challenging the government officials' actions. His case ultimately went from district court in Northern California to the U.S. Supreme Court. In March 1898, the court decided on his behalf, citing the 14th Amendment: It is conceded that, if he is a citizen of the United States, the acts of Congress, known as the Chinese Exclusion Acts, prohibiting persons of the Chinese race, and especially Chinese laborers, from coming into the United States, do not and cannot apply to him. Wong's name has been coming up with greater frequency since some Republican state leaders announced plans earlier this month to challenge the 14th Amendment, which involves introducing bills in various states in hopes of forcing another Supreme Court review. Their goal is a reinterpretation that would lead to the denial of citizenship to children of undocumented immigrants. In a recent opinion piece in the San Gabriel Valley Tribune, State Assembly member Mike Eng, a Democrat representing the valley's 49th District, wrote: For many Asian Americans, and especially Chinese Americans, the current debate about birthright citizenship is a debate our community already knows. As far as it's known, Wong went on with his life. He had children and they had children. A hundred years after the landmark decision that affirmed his citizenship, SF Weekly ran a story about his 20-year-old great-granddaughter, who went looking for Wong's immigration records at the National Archives and Records Administration in San Bruno on a request from her grandfather. Alice Wong knew little of her ancestor until then. From the story: She certainly was not prepared for the reception she got. Neil Thomsen, an archive employee who works with the Chinese Exclusion Act records, asked for her autograph. Then she was introduced to the entire staff: "This is Wong Kim Ark's great-granddaughter." | Principal, Tel: (301)906-6889; (240)912-6290 Licensed in MD, VA, DC, PA WeChat ID: sunnychenyuqing NMLS # 1220187 HAN, Liu, CPA | 韩柳 President, Principal Loan Consultant, Leader Funding, Inc. 电话: (240) 784-6645 Rockville, MD Phone: 301-366-3497 |
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